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Daubert Hearings Procedures
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Circuit Division D is "going less-paper".

Starting September 8th, 2014, Division D will no longer accept hard copies of proposed orders.  Proposed orders should be submitted in PDF format through JAWS only. A cover letter with the date of the submission of the proposed order through JAWS and sufficient stamped envelopes to send conformed copies to unrepresented parties should be provided to the court the same day as the proposed order is submitted through JAWS.  Using JAWS enables the judge to electronically file signed orders with the Clerk and saves time in docketing the order because the Clerk of Court does not have to scan the hard copy prior to posting it on Odyssey

The Florida Supreme Court amended several rules of civil procedure and forms effective January 1, 2014, in its opinion SC13-74 released November 14, 2013. 


Please review SC13-74 for new provisions amending rules 1.380; 1.431; 1.442; 1.480; 1.490; 1.530; 1.560; 1.630; and forms 1.910; 1.911; 1.912; 1.913; 1.922; 1.977; 1.981; 1.982; and 1.997.  Significant changes to the rules regarding proposals of settlement and the rule governing appointment of general magistrates in civil cases are included.


The Supreme Court also approved new rules 1.020 (Privacy and Court Records) and 1.451 (authorizing the taking of testimony by communication equipment without the consent of all parties under certain circumstances) and amended the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions.


The civil cover sheet will now require attorneys or parties filing an action to certify that the attorney or party has read and will comply with the requirements of Florida Rule of Judicial Administration 2.425 Minimization of the Filing of Sensitive Information.



Starting November 14th, 2013, attorneys will have a new type of hearing to select on the Division D docket.  If a “Drop In Docket” hearing time is listed for a particular date and time, it means that the judge will be in chambers and is available for "drop in" hearings.  This hearing time does not need to be scheduled on JAWS.  Hearings are held on a "first come, first serve" basis.  This docket is intended to be used for uncontested and other matters that can be handled in 5-10 minutes. Proper notice is required if not waived by all counsel.   Telephonic appearances are permitted if all parties agree.  The person who first requests telephonic appearance is responsible to set up the conference call if other parties wish to appear by phone as well.  Attorneys must bring a proposed order granting or denying the motion/petition to be heard.  Do not use the “Drop In Docket” if any party is unrepresented by legal counsel.  Attorneys are requested to call the Division D Judicial Assistant prior to dropping in to confirm that the judge is available on a specific date.

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Attorneys and witnesses who have applied for and have been granted permission to appear by telephone for a hearing can now use video technology instead of calling to appear at the hearing.  Appearances are limited to one remote location to be connected to the courtroom.  Please contact the judicial assistant to provide your identifying information if you wish to appear using video so that we can confirm the ability to connect with you prior to the date of the hearing. Testifying witnesses will still need to have a notary present to administer the oath.

Thank you, Judge Isom



Please be advised that a hearing to approve a wrongful death settlement in an estate is required when:


  1. There is an objection to how the settlement proceeds are going to be distributed between the wrongful death survivors;
  2. Based on the proposed apportionment of the settlement proceeds, the estate will has insufficient assets to pay creditor claims; or
  3. One or more of the beneficiaries of the proposed settlement is a minor or an incompetent.


Hearings may be scheduled on the Uniform Motion Calendar. Please make sure the personal representative is present and has reviewed the closing statement prior to the hearing. If the above circumstances do not apply, counsel may submit the proposed settlement approval order for ex parte consideration. Please include copies and envelopes for mailing conformed copies as well as a cover letter which addresses the above three circumstances in terms of whether it applies to the settlement proceeds.